Woman jailed 18 months for tossing three babies in garbage

Daryl Slade, Calgary Herald01.29.2014

Meredith Borowiec enters court for the verdict in her trial on November 25, 2013. Borowiec has been sentenced to 18 months in jail for throwing three newborn babies into a Dumpster.Ted Rhodes Ted Rhodes
/ Calgary Herald

Meredith Borowiec enters court for the verdict in her trial on November 25, 2013. Borowiec has been sentenced to 18 months in jail for throwing three newborn babies into a Dumpster.Ted Rhodes Ted Rhodes
/ Calgary Herald

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Tossing three newborns in the trash has landed a Calgary woman another 18 months in jail and three years probation.

Meredith Katharine Borowiec, 32, abandoned babies in 2008 and 2009. Their bodies were never found.

A third newborn thrown in a trash bin in 2010 was found alive.

Court of Queen’s Bench Justice Peter McIntyre said Borowiec’s mind was still disturbed from giving birth when she committed the crimes.

“This is a terrible case. You’ve shocked the community and you’ve shamed yourself,” McIntyre told the woman. “I have to remind myself to remain to be dispassionate about this case, as I reminded myself when I made decisions about admissibility of evidence and ultimately when I found you guilty.

“But it is difficult to be dispassionate and I think you know that and I think you knew that on Oct. 19 (2010) when you spoke to police and again later in a longer interview. I think you expressed remorse at that time and as you well know you admitted what you did ... I agree that denunciation and deterrents are important, especially for those most vulnerable in society.”

McIntyre gave Borowiec 18 months for the first infanticide in 2008, and 36 months for the second infanticide in 2009 — minus credit for 18 months for each of them, leaving 18 months to serve.

He suspended the sentence on aggravated assault on the third newborn, which was found alive by a passerby in a trash bin outside her northwest apartment in May 2010, and placed her on probation for three years. He ordered Borowiec to report to probation if she becomes pregnant and to attend all medical appointments as required.

Lawyer Andrea Serink argued time already served was sufficient for the two infanticides, as well as a suspended sentence and probation on the aggravated assault.

Crown prosecutor Darren Maloney said he was seeking an additional eight to nine years for Borowiec, but the judge rejected both sides’ arguments.

McIntyre said without Borowiec’s admissions about the first two babies, there would not have been a case against her.

She went to trial on two counts of second-degree murder on those two charges, but was convicted of the two lesser offences of infanticide, which carries a maximum five-year prison term. Murder has an automatic life sentence with no parole for at least 10 years.

Borowiec pleaded guilty earlier this month to aggravated assault on the third child. The baby boy was discovered wrapped in a kitchen garbage bag. Borowiec was taken to hospital where she admitted to police she had just given birth to the baby.

Neither the Crown or defence would comment on the case outside court following the sentencing.

Borowiec did not make any statement before being sentenced, but apologized to court at a sentencing hearing earlier this month.

“It hurts me every day knowing what I have done,” said Borowiec, reading from a written statement. “I have accepted what has happened and feel horrible about it all. I don’t think I can express in words how sorry I am.”

Borowiec had a fourth child while she was in custody in the summer of 2011. It was taken away from her immediately.

In his verdicts last year, McIntyre made it clear Borowiec was suffering from a mental disturbance after all three births, minimizing her culpability.

“The Crown had proved beyond a reasonable doubt that the accused wilfully caused the deaths of two of her newly born children by abandoning them,” McIntyre said at the time. “The Crown has failed to prove beyond a reasonable doubt that when the accused caused their deaths, her mind was not disturbed from the effects of giving birth to them.”

McIntyre said he accepted the testimony of forensic psychiatrist Dr. Jeanette Smith, who concluded Borowiec’s mind was disturbed as having not yet fully recovered from giving birth.

He said the actions of the mother regarding the third baby gave credence to her statements to police about the first two babies.

McIntyre noted that Borowiec consistently denied to friends and co-workers that she was pregnant on all of the occasions, and she said her boyfriend did not know she was going to give birth, factors he ruled were consistent with psychiatric observations of denial.

But when she told police of the newborns, she was reliving real memories consistent with real recollections.

“She did not even know the gender, which is consistent with neonaticide,” said McIntyre. “There were no suggestions from her they died before they were put in the Dumpster. She said she hoped somebody would help them. This story, though bizarre, is consistent with them being alive.”

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